- 1 - NC: 2025:KHC-D:2426 WP No. 100789 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100789 OF 2025 (GM-CPC) BETWEEN: SHRI. SURESH S/O SHANKAR SHIVANNAVAR AGE. 50 YEARS, OCC. PRIVATE SERVICE, R/O. RAMESWAR COLONY, 5TH CROSS, TQ. JAMAKANDI, DIST. BAGALKOT 587301 …PETITIONER (BY SRI. S L MATTI, ADVOCATE) AND: 1. SHRI. SHRISHAIL S/O PARASAPPA TAUNSHI AGE. 38 YEARS, OCC. AGRICULTURIST, R/O. ADALATTI, TQ. ATTHANI, DIST. BELAGAVI 591248 2. SHRI. RAMESH S/O SHANKAR SHIVANNAVAR AGE. 52 YEARS, OCC. AGRICULTURIST, R/O. HUNNUR, TQ. JAMAKHANDI, DIST. BAGALKOT 587119 …RESPONDENTS (NOTICE TO RESPONDENTS IS D/W) GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.18 12:04:58 +0530 - 2 - NC: 2025:KHC-D:2426 WP No. 100789 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 FO THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER ON I.A. NO. 2 DATED. 23/01/2025 PASSED IN EXECUTION NO. 57/2011 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC JAMAKHANDI VIDE ANNEXURE-J, IN THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue Writ of Certiorari by quashing the order on I.A.No.2 dated 23.01.2025 passed in Execution No. 57/2011 on the file of Principal Senior Civil Judge and JMFC Jamakhandi vide Annexure-J, in the ends of justice and equity. b. Any other reliefs deems fit be awarded. 3. By way of the impugned order, the Execution Court has rejected the application for impleading filed by - 3 - NC: 2025:KHC-D:2426 WP No. 100789 of 2025 the petitioner on the ground that no documents have been produced. 4. If that be so, it would always be open for the petitioner to file a fresh application by producing all the relevant documents which would have to be considered by the Trial Court. 5. In the event of such an application being filed, the Execution Court would have to consider the same on merits. 6. With the above clarification, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 41